The concept of economic real property: a comparative study of French law, Moroccan law and Common law

Le concept de propriété économique: étude comparative des droits français, marocain et de la Common Law

Badr Guelida
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Badr Guelida: UM5 - Université Mohammed V de Rabat [Agdal]

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Abstract: Real property is one of the fundamental rights that one seeks to own. It plays a significant role in meeting both social and economic needs. The concept of economic real property takes its origins from the Romanian law reflects two opposing facets: the first is expressed as "positive ownership", which is the effective exercise of management power over a thing that one does not legally own, potentially to realize benefits , in one's own interest and in the interest of the legal owner, the latter being certain to eventually gain full ownership of the asset itself or a substituted asset, or its value.and the second as "passive ownership" whereas at the end of the term, for the complete ownership of an asset (or of a substituted asset or its value) for which one is not the legal owner, and on which the legal owner exercises, during this time, the power of management in the interest, for the benefit, of the economic owner to whom can possibly be added (but never exclusively) their own interest. This paper aims to examine how real estate property is impacted by economic factors in Moroccan and comparative law. The comparative legal methodology is adopted to study the spirit of the different legal systems, namely the French law due to historical considerations and the Anglo-Saxon law. The findings of the study reveal that economic factors contribute to the development emersion of a novel approach to real property.

Keywords: Comparative law; Propriété immobilière; Real contract; Real property; Economic property; Droit comparé; Fiducie; Contrat immobilier; Trust propriété économique (search for similar items in EconPapers)
Date: 2026-01-26
New Economics Papers: this item is included in nep-ara, nep-his and nep-law
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Published in Revue interdisciplinaire droit et organisations, 2026, 10, pp.123-139

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